the creditor; but, as he had before stated, in
these cases it generally occured, that the credi-
tor was just as poor, and as deserving of protec-
tion, as the debtor himself.
He thought it better to leave it for the legis-
lature to act as occasion might require, than to
place this broad, unqualified provision in the
Constitution.
Mr. GRASON would prefer leaving the subject
to the legislature, but as it appeared to be the
general wish to insert some provision of this
kind into the Constitution, he would make no
objection. In his opinion, the family of a de-
ceased debtor ought to have something secured
to them as a means of temporary subsistence.
It is not merely harsh creditors, but the law ilself
which leaves families in the most destitute con-
dition. Administrators are compelled to take an
inventory of every thing; and every article of
furniture, and even the provisions are sold for
the benefit of creditors.
It had been said, that laws exempting property
from execution, operated to the injury of the
very persona they were intended to benefit, be-
cause they deprived them of credit. But credit
was generally given to laboring men on account
of their industry and good conduct, and not on
account of a few articles of furniture and provis-
ions, which no family could dispense with. He
would like to know if a merchant, or any other
person, trusted a poor man with the view of
selling his bed from under him, or of depriving
his family, as soon as he was dead, of the few
articles which their immediate necessities re-
quired. Credits which were to be followed by
such sacrifices, were of no benefit to any one,
and if creditors expected to secure the collec-
tion of their debts by such means, it was neces-
sary that some legal provision should be made to
keep them within the bounds of humanity.
Mr. HICKS expressed his belief that gentlemen
who were advocating this amendment, were pro-
ceeding under a mistake. He thought the mover
of the amendment, who he did not recollect, was
influenced by the best motives, but would find it
did not affect the object he desired. By an ex-
isting law, the family of a deceased debtor is
already protected against his creditors. Property
to a certain extent is now reserved for the bene-
fit of a family, and other provisions have been
made, all to the injury of honest creditors. He
thought this was all wrong. He referred to a
'case which occurred while he was at home. An
insolvent person died, possessing but little proper-
ty, and leaving two children. His whole estate
would not pay twenty-five cents in the dollar,
A short time before his death, the grandfather of
the children had died, and by his death, they had
become possessed of some thousands of dollars,
and they were well provided for whilst the hon-
est mechanic and merchant suffered. The father
had been trusted on the faith of Ins industrious
habits, but owing, to his death the creditors lost
three-fourths of their honest due, and the children
had ample means, and at that he felt much grati-
fied. He did not doubt that there were heartless
creditors in Queen Ann's, as well as in Dorchester.
In fact he knew of a cage of ou. se. Which |
occurred in that county, of great hardship.
There were indeed hard cases every where. He
was very willing to vote to abolish imprisonment
for debt. But while we were making these pro-
visions for the benefit of the insolvents, we are
injuring honest creditors. He knew that, after
the bill which had formerly passed on the subject,
there were numerous petitions sent to the legis-
lature, shewing that the effect of it had been lo
injure the credit of the poorer classes, and to
bring about a material diminution of their com-
forts. The blacksmith and other mechanics will
not give credit where there is no reasonable se-
curity that they will be paid. There are num-
bers who are now willing to trust a man who has
an honest reputation, but let this amendment be
adopted, and they will say that if he dies there
will be no chance of recovering their debt, and
this will make them reluctant to give credit to
poor men. There are also many dishonest men
in the State, who will be benefited by this pro-
vision. He was in favor of benefiting the poor,
but he did not think this proposition would place
them in a better condition than now. Indeed,
they must be the principal sufferers, as it shuts
out important advantages to them and in fact to
all classes. Mr. H. closed by saying, he hoped
the amendment would not be adopted.
Mr, BRENT, of Baltimore city, desired briefly
to notice one or two of the objections made to
his amendment. His colleague, (Mr. Presstman,)
objects to the word " family," which he seemed
to think was too indefinite, and would be con-
strued to include collateral relations.
Mr. PRESSTMAN explained. He had said dis-
tant relations, meaning grand-children, &c.
Mr. BRENT. Suppose it does embrace grand-
children. The object is to include all those who
are near him, forming part of his family at home,
and not those who are remote.
Mr. CRISFIELD wished to put a question to the
gentleman from Baltimore city. If a man leave
a wife, a child and a child of a widowed daugh-
ter, how would the property be divided?
Mr. BRENT. It would be equally divided.
There was no reason why there should not be an
equal division. His friend from Baltimore city,
(Mr. Presstman,) says further, that there is no
discrimination between a meritorious and an un-
worthy child. Not so. It only protects them
all alike from the grasp of the debtors. The fa-
ther can discriminate between his children. His
friend says further, that there maybe the aboli-
tion of imprisonment for debt, which is protec-
tion for property against the creditor. That
merely protects the person from confinement
and ignominy. This provision is intended to re-
lieve the property when the debtor is no longer
within the reach of the law. Again, it is said,
that this amendment protects the. property against
the claims of poor mechanics. He was the last
man in the world to propose any plan which
would injure mechanics. But if this proposition
be inserted in the Constitution, the honest me-
chanic who trusts the poor man, will give him
credit with a, full knowledge of the existence of
this law. If be is disposed to credit a man who
has no property, he will do it with eyes open |
